§ 70-82. Final administrative review; hearings.

(a)

A feepayer who is aggrieved by a determination of the director of the growth and resource management department shall have the right to request a review hearing before the county council.

(b)

A review hearing shall be limited to a determination of whether the director of the growth and resource management department correctly applied this article to the facts and circumstances of the feepayer's case.

(c)

A review hearing shall be requested by the feepayer by filing a written request for same with the director of the growth and resource management department, within 30 calendar days after the determination is made by the director. Failure to request a hearing within the time provided shall be deemed a waiver of such right.

(d)

The written request for review hearing to be filed with the director of the growth and resource management department shall contain the following:

(1)

The name of the party seeking review, and the address if a feepayer;

(2)

The legal description of the property in question;

(3)

If issued, the date the building permit/impact fee statement was issued and the building permit/impact fee statement number;

(4)

If paid, the impact fee receipt number and date of payment;

(5)

A brief description of the nature of the land development activity being undertaken pursuant to the building permit/impact fee statement; and

(e)

Upon receipt of a request for review hearing, the director of the growth and resource management department shall schedule a hearing before the council at a regular meeting or special meeting called for the purpose of conducting the hearing. The county shall provide the feepayer with reasonable written notice of the time and place of the hearing. A review hearing shall be held within 45 days of the date the request for hearing was filed.

(f)

The review hearing shall be held by the council and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present evidence.

(Ord. No. 99-28, § XI, 11-4-99; Ord. No. 2003-23, § 1, 12-4-03)

EXHIBIT A. THOROUGHFARE ROAD IMPACT FEE ZONES

Zone No. 1:

Beginning at the northeast corner of Section 25, Township 14 South, Range 30 East, said point being in the north boundary line of the county; run thence south, along the range line, to the southeast corner of Section 36, Township 14 South, Range 30 East; thence west, along the township line, to the northeast corner of Section 1, Township 15 South, Range 30 East; thence south, along the range line, to the northeast corner of Section 24, Township 16 South, Range 30 East; thence east, along the north lines of Sections 19 and 20, Township 16 South, Range 31 East, to the northeast corner of said Section 20; thence south, along the east lines of Sections 20 and 29, Township 16 South, Range 31 East, to the southeast corner of said Section 29; thence east, along the north lines of Sections 33, 34, 35 and 36, Township 16 South, Range 31 East, to the northeast corner of said Section 36; thence south, to the southeast corner of said Section 36; thence east, along the township line, to the northwest corner of Section 5, Township 17 South, Range 33 East; thence south, along the west line of said Section 5, to a point of intersection with the centerline of County Road #4118 (CR #4118 is also known as Pioneer Trail); thence easterly, along the centerline of CR #4118, to its intersection with the east line of the west half of Section 9, Township 17 South, Range 33 East; thence north along said east line of the west half of Section 9 and continuing north along the east line of the west half of Section 4, Township 17 South, Range 33 East, to the southeast corner of the northwest quarter, of said Section 4; thence west, along the south line of the northwest quarter of said Section 4, a distance of 176 feet; thence north, a distance of 578 feet; thence east, a distance of 176 feet to said east line of the west half of said Section 4; thence north, along said east line of the west half of Section 4, to the north line of said Section 4; thence easterly and northerly following the city limits line of the City of Port Orange as now established, to its intersection with the thread of the Halifax River; thence southerly, along said thread of the Halifax River, to its intersection with the westerly extension of the centerline of Ponce DeLeon Inlet; thence easterly, along said centerline of Ponce DeLeon Inlet, to its intersection with the shoreline of the Atlantic Ocean; thence northerly, along said shoreline of the Atlantic Ocean, to its intersection with the boundary line between Volusia County and Flagler County; thence westerly, south and west, following said boundary line between Volusia County and Flagler County, to the point of beginning.

Zone No. 2:

Beginning at the southeast corner of Section 36, Township 19 South, Range 33 East; run thence west, along the south lines of Sections 36, 35 and 34, to the southwest corner of said Section 34, Township 19 South, Range 33 East; thence north, along the west lines of Sections 34, 27, 22, 15, 10 and 3, to the northwest corner of said Section 3, Township 19 South, Range 33 East; thence west, along the south lines of Sections 33, 32 and 31, Township 18 South, Range 33 East, to the southwest corner of said Section 31; thence north, along the range line, to the northwest corner of Section 6, Township 18 South, Range 33 East; thence west, along the township line, to the southwest corner of Section 31, Township 17 South, Range 32 East; thence north, along the range line, to the northwest corner of Section 6, Township 17 South, Range 32 East; thence east, along the township line, to the northwest corner of Section 5, Township 17 South, Range 33 East; thence south, along the west line of said Section 5, to a point of intersection with the centerline of County Road #4118 (CR #4118 is also known as Pioneer Trail); thence easterly, along the centerline of CR #4118, to its intersection with the east line of the west half of Section 9, Township 17 South, Range 33 East; thence north, along said east line of the west half of Section 9, and continuing north along the east line of the west half of Section 4, Township 17 South, Range 33 East, to the southeast corner of the northwest quarter of said Section 4; thence west, along the south line of the northwest quarter of said Section 4, a distance of 176 feet; thence north, a distance of 578 feet; thence east, a distance of 176 feet to said east line of the west half of said Section 4; thence north, along said east line of the west half of Section 4, to the north line of said Section 4; thence easterly and northerly, following said city limits line of the City of Port Orange as now established, to its intersection with the thread of the Halifax River; thence southerly, along said thread of the Halifax River, to its intersection with the westerly extension of the centerline of Ponce DeLeon Inlet; thence easterly, along said centerline of Ponce DeLeon Inlet, to its intersection with the shoreline of the Atlantic Ocean; thence southerly, along said shoreline of the Atlantic Ocean, to its intersection with the township line between Township 19 South and Township 20 South; thence west, along the last-described township line to the point of beginning.

Zone No. 3:

Beginning at the southeast corner of Section 36, Township 19 South, Range 33 East; run thence west, along the south lines of Sections 36, 35 and 34, to the southwest corner of said Section 34, Township 19 South, Range 33 East; thence north, along the west lines of Sections 34, 27, 22, 15, 10 and 3, to the northwest corner of said Section 3, Township 19 South, Range 33 East; thence west, along the south lines of Sections 33, 32 and 31, Township 18 South, Range 33 East, to the southeast corner of said Section 31; thence north, along the range line, to the northwest corner of Section 6, Township 18 South, Range 33 East; thence west, along the township line, to the southwest corner of Section 31, Township 17 South, Range 32 East; thence north, along the range line, to the northwest corner of Section 7, Township 17 South, Range 32 East; thence west, along the south line of Sections 1 to 6 inclusive, Township 17 South, Range 31 East, to the southwest corner of said Section 6; thence south, along the range line, to the southwest corner of Section 13, Township 17 South, Range 30 East; thence west, to the southwest corner of said Section 13; thence south, along the east line of Section 23, Township 17 South, Range 30 East, to the southeast corner thereof; thence west, along the south lines of Sections 23, 22 and 21, Township 17 South, Range 30 East, and continuing west, along the north line of Section 29, Township 17 South, Range 30 East, to the northeast corner of the northwest quarter of the northeast quarter of the northeast quarter of said Section 29; thence south to the southeast corner of said northwest quarter of the northeast quarter of the northeast quarter of Section 29; thence west to the southwest corner of said northwest quarter of the northeast quarter of the northeast quarter of Section 29; thence north to the south line of Section 20, Township 17 South, Range 30 East; thence west, along the south lines of Sections 20 and 19, Township 17 South, Range 30 East and continuing west along the south line of Section 24, Township 17 South, Range 29 East, to its intersection with the easterly shoreline of Lake Beresford; thence southerly, along said easterly shoreline of Lake Beresford, to its intersection with the range line between Range 29 East and Range 30 East; thence continuing southerly, along the last-described range line, to its intersection with the township line between Township 17 South and Township 18 South; thence westerly, along the last-described township line, to its intersection with the thread of the St. Johns River, being the west boundary of the county; thence southerly, along said thread of the St. Johns River, to its intersection with the south line of Section 35, Township 21 South, Range 33 East; thence east, along the south lines of Sections 35 and 36, Township 21 South, Range 33 East, to the southeast corner of said Section 36; thence north, along the range line to the point of beginning.

Zone No. 4:

Beginning at the northeast corner of Section 25, Township 14 South, Range 30 East, said point being in the north boundary line of the county; run thence south, along the range line, to the southeast corner of Section 36, Township 14 South, Range 30 East; thence west, along the township line, to the northeast corner of Section 1, Township 15 South, Range 30 East; thence south, along the range line, to the northeast corner of Section 24, Township 16 South, Range 30 East; thence east, along the north lines of Sections 19 and 20, Township 16 South, Range 31 East, to the northeast corner of said Section 20; thence south, along the east lines of Sections 20 and 29, Township 16 South, Range 31 East, to the southeast corner of said Section 29; thence east, along the north lines of Sections 33, 34, 35 and 36, Township 16 South, Range 31 East, to the northeast corner of said Section 36; thence south, along the range line, to the southeast corner of Section 1, Township 17 South, Range 31 East; thence west, along the south lines of Sections 1 to 6 inclusive, Township 17 South, Range 31 East, to the southwest corner of said Section 6; thence south along the range line, to the southeast corner of Section 13, Township 17 South, Range 30 East; thence west, to the southwest corner of said Section 13; thence south, along the east line of Section 23, Township 17 South, Range 30 East, to the southeast corner thereof; thence west, along the south lines of Sections 23, 22 and 21, Township 17 South, Range 30 East; and continuing west along the north line of Section 29, Township 17 South, Range 30 East, to the northeast corner of the northwest quarter of the northeast quarter of the northeast quarter of said Section 29; thence south to the southeast corner of said northwest quarter of the northeast quarter of the northeast quarter of Section 29; thence west to the southwest corner of said northwest quarter of the northeast quarter of the northeast quarter of Section 29; thence north to the south line of Section 20, Township 17 South, Range 30 East; thence west, along the south lines of Sections 20 and 19, Township 17 South, Range 30 East, and continuing west along the south line of Section 24, Township 17 South, Range 29 East, to its intersection with the easterly shoreline of Lake Beresford; thence southerly, along said easterly shoreline of Lake Beresford, to its intersection with the range line between Range 29 East and Range 30 East; thence continuing southerly, along the last-described range line, to its intersection with the township line between Township 17 South and Township 18 South; thence westerly, along the last-described township line, to its intersection with the thread of the St. Johns River, being the west boundary of the county; thence northerly, along said thread of the St. Johns River, to its intersection with the southerly shoreline of Lake George; thence westerly and northerly, along said shoreline of Lake George (west boundary of the county), to its intersection with the boundary line between Volusia County and Putnam County; thence easterly, along the last-described boundary line, to its intersection with the boundary line between Volusia County and Flagler County; thence easterly, southerly and easterly, following said boundary line between Volusia County and Flagler County, to the point of beginning.

(Ord. No. 99-28, § XII, 11-4-99; Ord. No. 2003-23, § 1, 12-4-03; Ord. No. 2017-14, § IV, 6-15-17)